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A07285 Summary:

BILL NOA07285B
 
SAME ASNo Same As
 
SPONSORBurdick
 
COSPNSREachus, Shimsky, Beephan, Bendett, Seawright, Santabarbara, Levenberg, Otis, Simpson, Angelino, Blumencranz, De Los Santos, Kay, Stern, Steck, Maher, Conrad, Kelles, Brabenec, Cashman, O'Pharrow, McMahon, Wright, Gray, Slater, Shrestha, Tapia, Gallahan, Jensen, Cunningham, Solages, Palmesano, Durso
 
MLTSPNSR
 
Add ?7.51, Ment Hyg L
 
Establishes the "first responder peer support program act" which supplies peer-to-peer mental health programs to first responders.
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A07285 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7285--B
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 25, 2025
                                       ___________
 
        Introduced  by  M.  of  A.  BURDICK,  EACHUS, SHIMSKY, BEEPHAN, BENDETT,
          SEAWRIGHT, SANTABARBARA, LEVENBERG, OTIS, SIMPSON,  ANGELINO,  BLUMEN-
          CRANZ, DE LOS SANTOS, KAY, STERN, STECK, MAHER, CONRAD, KELLES, BRABE-
          NEC,  CASHMAN,  O'PHARROW,  McMAHON,  WRIGHT,  GRAY, SLATER, SHRESTHA,
          TAPIA, GALLAHAN, JENSEN, CUNNINGHAM, SOLAGES, PALMESANO, DURSO -- read
          once and referred to the  Committee  on  Mental  Health  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said committee -- recommitted to the Committee on Mental Health in
          accordance with Assembly Rule 3, sec. 2 -- reported  and  referred  to
          the Committee on Ways and Means -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee
 
        AN  ACT  to  amend  the  mental  hygiene  law, in relation to the "First
          Responder Peer Support Program Act"
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  This  act  shall  be known and may be cited as the "First
     2  Responder Peer Support Program Act".
     3    § 2. The mental hygiene law is amended by adding a new  section  19.47
     4  to read as follows:
     5  § 19.47 First responder peer support program.
     6    (a)  For  the purposes of this section, the following terms shall have
     7  the following meanings:
     8    1. "The program" shall mean the "first responder peer support program"
     9  established by this section.
    10    2. "Eligible entities" shall mean an entity or county first  responder
    11  peer program which submits to the commissioner an application, in a form
    12  prescribed  by  the commissioner, containing such information and assur-
    13  ances as the commissioner may require to provide initial  and  continued
    14  training  in mental illness, including but not limited to, helping indi-
    15  viduals gain a better understanding about the effects of trauma, repeti-
    16  tive exposure, signs and symptoms of trauma,  triggers  of  a  traumatic
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10098-12-6

        A. 7285--B                          2
 
     1  event,  coping  mechanisms,  suicide or self-harm prevention, as well as
     2  available tools, resources, and local mental health services  for  first
     3  responder  peer  volunteers,  volunteer  and  paid  individuals  who are
     4  trained to respond to emergency situations and provide immediate assist-
     5  ance  and care to those in need.  This would include, but not be limited
     6  to, individuals who work as firefighters,  police   officers,  probation
     7  officers,  parole  officers,  warrant  officers  in  the  department  of
     8  corrections and community supervision, constables or  police  constables
     9  of  a  town  or  village,  uniform  court  officers of the unified court
    10  system, parks and recreation forest rangers employed by  the  office  of
    11  parks,  recreation  and  historic  preservation,  9-1-1 operators, 9-8-8
    12  operators, emergency dispatchers, emergency medical services  personnel,
    13  coroners,  medical  examiners, and peace officers designated pursuant to
    14  subdivision twenty-six of section 2.10 of the criminal procedure law.
    15    3. "Peer support communication"  includes:  (a)  an  oral  or  written
    16  communication  made  in the course of a peer support session; (b) a note
    17  or report arising out of a peer support session; and (c) a record  of  a
    18  peer support session.
    19    (b)  The  commissioner,  in  consultation with the commissioner of the
    20  department of health, the commissioner of the office of  mental  health,
    21  the director of the division of criminal justice services, the office of
    22  fire  prevention and control, the municipal police training council, and
    23  the superintendent of state police, shall establish  a  statewide  grant
    24  program  to  be known as the "first responder peer support program". The
    25  program shall provide grants, within appropriations  made  therefor,  to
    26  eligible  entities  for  the purpose of establishing peer-to-peer mental
    27  health support and wellness programs for first responders. Local govern-
    28  mental units shall be eligible to apply for and receive such grants.
    29    (c) The commissioner shall establish uniform standards  applicable  to
    30  the program, in consultation with representatives across first responder
    31  disciplines, including both paid and volunteer personnel, relevant state
    32  and  local  agencies, and organizations with expertise in mental health,
    33  substance use and addiction, peer support, and first responder wellness.
    34  Such standards shall include, but not be limited to, initial and contin-
    35  ued evidence-based, trauma-informed training for  first  responder  peer
    36  volunteers,  including suicide prevention, general mental health litera-
    37  cy, science of addiction and recovery,  and  training  that  focuses  on
    38  resilience  of  the  first  responder. Such standards shall also address
    39  administrative staffing needs and  best  practices  for  addressing  the
    40  needs  of  each first responder served, including, but not limited to, a
    41  warm handoff to mental health services  for  individuals  identified  as
    42  being in duress.
    43    (d)  The  commissioner  shall  not  require the recipient of any grant
    44  under this section to  maintain  records  on  first  responders  seeking
    45  support or report any personal identifying information directly or indi-
    46  rectly  to  the  commissioner,  a first responder's employer, or a first
    47  responder's organization.
    48    (e) Except as may be required under applicable state or  federal  law,
    49  all peer support communications under this section shall be confidential
    50  and shall not be redisclosed to others, unless:
    51    1.  it contains or reveals a specific threat of suicide, an expression
    52  of suicidal ideation, or engagement in self-harm or a threat  of  bodily
    53  harm  or  death, provided disclosure of such communication shall only be
    54  permitted for the purpose of preventing or mitigating such harm  and  is
    55  made  to a person or persons reasonably in a position to provide assist-
    56  ance in preventing or mitigating such harm;

        A. 7285--B                          3
 
     1    2. it contains an admission of criminal conduct; or
     2    3.  the peer support participant has provided consent for such disclo-
     3  sure, which may be provided at any time, and the disclosure is  consist-
     4  ent with such consent.
     5    (f)  Nothing  in  this  section shall be construed to prevent or limit
     6  disclosure of the contents of a peer support  communication  where  such
     7  disclosure is otherwise required by law, including, but not limited to:
     8    1.  mandatory  reporting  of suspected child abuse or maltreatment, in
     9  accordance with section four hundred thirteen  of  the  social  services
    10  law;
    11    2.  mandatory filing under article sixty-three-A of the civil practice
    12  law and rules relating to extreme risk protection orders; and
    13    3. as ordered by a court of competent jurisdiction.
    14    (g) Before the initial peer support session of a peer support  partic-
    15  ipant,  a  peer support specialist shall inform the peer support partic-
    16  ipant in writing of the confidentiality requirements under this section.
    17    (h) 1. Each grant recipient shall be required  to  provide  an  annual
    18  report to the commissioner, consistent with standards established by the
    19  commissioner, describing the training and services funded by the grants,
    20  how  such  funds  were allocated, a list of entities that received grant
    21  funds, the number of persons served by each grant recipient, and  recom-
    22  mendations  for  future grant allocations. Such reports shall contain no
    23  personally identifiable information.
    24    2. The commissioner  shall  aggregate  the  data  and  recommendations
    25  received  from  grant  recipient annual reports and develop an aggregate
    26  annual summary of such data and recommendations  in  an  annual  report,
    27  including any appropriate recommendations of the commissioner for future
    28  funding  needs  or program changes to ensure the most effective means of
    29  providing peer support for first responders. The annual report shall  be
    30  submitted to the governor, the speaker of the assembly and the temporary
    31  president of the senate no later than November first, two thousand twen-
    32  ty-eight, and annually thereafter.
    33    § 3. This act shall take effect on the one hundred twentieth day after
    34  it shall have become a law.  Effective immediately, the addition, amend-
    35  ment and/or repeal of any rule or regulation necessary for the implemen-
    36  tation  of  this act on its effective date are authorized to be made and
    37  completed on or before such effective date.
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